Birmingham Wills & Probate Lawyer, Alabama


Includes: Estate Administration, Living Wills, Wills

Darryl Mark Price Lawyer

Darryl Mark Price

VERIFIED
Divorce & Family Law, Accident & Injury, Criminal, Wills & Probate

Attorney D. Mark Price has been practicing law for 19 years and came from humble beginnings. Growing up in the small town of Ellington, Connecticut, H... (more)

John Tracy Fisher Lawyer

John Tracy Fisher

VERIFIED
Personal Injury, Business & Trade, Criminal, Living Wills

John Fisher’s background, education, and experience, both in the legal and business world, have prepared him for a diverse practice. Using this uniq... (more)

John N. Hester

Criminal, DUI-DWI, Estate Administration, Estate Planning
Status:  In Good Standing           

FREE CONSULTATION 

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Bradley A. Green

Family Law, Wills & Probate, Bankruptcy, Litigation
Status:  In Good Standing           
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Bruce Allen Burttram

Family Law, Wills & Probate, Premises Liability, Ethics
Status:  In Good Standing           

FREE CONSULTATION 

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Hugh C. Henderson

Family Law, Wills & Probate, Premises Liability, Wrongful Death
Status:  In Good Standing           

FREE CONSULTATION 

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Heather M. Bellew

Family Law, Divorce, Wills & Probate, Bankruptcy
Status:  In Good Standing           

Robin A. Mahan

Family Law, Divorce, Wills & Probate, Bankruptcy
Status:  In Good Standing           

Nathan Trent Bellville

Family Law, Wills, Traffic, Divorce
Status:  In Good Standing           

Preston Hunter Neel

Credit & Debt, Commercial Real Estate, Wills, Gift Taxation
Status:  In Good Standing           Licensed:  11 Years

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LEGAL TERMS

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)
Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

DEED OF TRUST

See trust deed.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

SAMPLE LEGAL CASES

Williams v. Lollar

... Leo L. Williams ("Leo") was the proponent of the will and sought to have the will probated in the Jefferson County Probate Court ("the probate court"). During ... estate. In the probate court, the Lollars successfully contested the will. ...

Ex parte AMP

... BOLIN, Justice. AMP, the biological mother of SLS ("the mother"), filed a petition for a writ of mandamus, seeking an order setting aside the probate court's interlocutory order granting the petition of the foster parents, EWH and SMH, to adopt SLS ("the child") (case no. 1061010). ...

IN RE BERRY

... the Berrys") petition this Court for the writ of mandamus directing Cullman Circuit Court Judge Don L. Hardeman to grant the Berrys' motion for the dismissal of the administration of the estate of Vera H. Berry, which had been removed from the Cullman County Probate Court. ...